The 801 Texas form serves as an application for reinstatement and a request to set aside tax forfeiture for domestic or foreign filing entities that have been forfeited or revoked. This form is crucial for entities aiming to restore their legal status after a tax-related forfeiture, ensuring compliance with state regulations. To begin the reinstatement process, fill out the form by clicking the button below.
The 801 Texas form serves as a crucial tool for entities seeking to navigate the complex process of reinstatement after a tax forfeiture. This application not only requests the setting aside of a forfeiture but also outlines specific requirements that must be met before submission. To initiate the reinstatement process, entities must first ensure that all delinquent reports have been filed with the comptroller of public accounts, alongside the payment of any outstanding taxes, penalties, and interest as dictated by the Texas Tax Code. It is important to note that this form is not intended for entities that have been voluntarily terminated or revoked for reasons unrelated to tax forfeiture. Authorized individuals, including shareholders, directors, and officers, can submit this application, but they must also provide a tax clearance letter confirming that all franchise tax liabilities have been satisfied. The form requires detailed information, such as the entity's legal name and secretary of state file number, and emphasizes the necessity of maintaining accurate registered agent and office information. Furthermore, the application process involves specific payment instructions and emphasizes the importance of truthful disclosures, as inaccuracies can lead to serious legal consequences. Understanding these elements is essential for any entity looking to restore its standing and continue its operations in Texas.
Form 801—General Information
(Application for Reinstatement and Request to Set Aside Tax Forfeiture)
The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.
Commentary
This form may be used to complete the final step for reinstating a domestic or foreign filing entity that has been forfeited or revoked by the secretary of state under chapter 171, Tax Code. Before submitting this form, an entity seeking reinstatement must: (1) file with the comptroller of public accounts each delinquent report that is required by chapter 171; and (2) pay the tax, penalty, and interest imposed by the Tax Code and due at the time the request to set aside forfeiture is made.
Do Not Use This Form If:
ｸThe entity was voluntarily terminated. See Form 811.
ｸThe existence or registration was terminated or revoked by the secretary of state for a reason other than tax forfeiture. See Forms 811, 814.
ｸThe entity was terminated or revoked by court order.
ﾝ Time Frame for Reinstatement ﾝ
The request to set aside forfeiture may be submitted at any time after forfeiture so long as the entity would otherwise have continued to exist.
Persons Authorized to Submit Application for Reinstatement
ｸFor-profit or professional corporation: shareholder, director, or officer at the time of forfeiture.
ｸProfessional association: shareholder, member, director, or officer at the time of forfeiture.
ｸNonprofit corporation: director, officer, or member at the time of forfeiture.
ｸLimited liability company: member or manager at the time of forfeiture.
ｸLimited partnership: partner at the time of forfeiture.
ｸStatutory or business trust: trustee or beneficial owner at the time of forfeiture.
Registered Agent & Office Updates
Filing entities must maintain accurate registered agent and office information on file with the secretary of state. Neither tax filings nor this application for reinstatement can be used to update the registered agent and office information; rather updates to the registered agent and office require an additional filing. See Form 401.
Instructions for Form
ｸItem 1—Entity Name: Set forth the legal name of the entity as stated in its certificate of formation or registration. If the entity is a foreign filing entity that was granted authority to transact business under a different name, then also set forth the assumed name under which the foreign filing entity was registered to transact business.
ｸEntity Name Availability: The reinstatement cannot be filed if the name of the entity is the same as, deceptively similar to, or similar to the name of any existing domestic or foreign filing entity, or
Form 801
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any name reservation or registration filed with the secretary of state. The administrative rules adopted for determining entity name availability (Texas Administrative Code, title 1, part 4, chapter 79, subchapter C) may be viewed at http://www.sos.state.tx.us/tac/index.shtml.
If the entity name is no longer available, the application for reinstatement must be accompanied by a letter of consent or an amendment to the entity’s formation document or registration, as applicable.
ｸItem 2—Secretary of State File Number: It is recommended that the file number assigned by the secretary of state be provided to facilitate processing and ensure that the correct entity is reinstated.
ｸItem 3—Date of Forfeiture/Revocation: Provide the date of the forfeiture or revocation. If unsure, verification of the date may be obtained by calling the secretary of state at (512) 463-5555, by dialing 7-1-1 for relay services, or by sending an e-mail to [email protected].
ｸItem 4—Certified Statements: Although an application for reinstatement need not be notarized, by signing the application for reinstatement, a person certifies to the statements contained in item 4 of the application. Prior to signing, please read the statements on this form carefully. In addition to the penalties imposed by law for the submission of a false or fraudulent document, a person commits an offense under section 171.363 of the Tax Code if the person is an employee, officer, or agent of a taxable entity and the person knowingly enters or provides false information on any report, return, or other document filed by the taxable entity under the provisions of chapter 171, including an application for reinstatement. An offense under section 171.363 is a felony of the third degree.
ｸTax Clearance: A certificate of reinstatement must be accompanied by a tax clearance letter from the Texas Comptroller of Public Accounts stating that the entity has satisfied all franchise tax liabilities and may be reinstated.
Contact the Comptroller for assistance in complying with franchise tax filing requirements and obtaining the necessary tax clearance letter. The Comptroller may be contacted by e-mail at [email protected] or by calling (800) 252-1381 or (512) 463-4600.
ｸExecution: The application must be signed by a person who is authorized to apply for and request a reinstatement of the forfeited entity. (See “Persons Authorized to Apply” on page 1 of these instructions.)
ｸPayment and Delivery Instructions: The filing fee for an application for reinstatement is $75, unless the entity is a nonprofit corporation. There is no fee for filing the reinstatement of a nonprofit corporation following a tax forfeiture. Fees may be paid by personal checks, money orders, LegalEase debit cards, or American Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total fees.
Applicable fees for any additional filing that may be required as a condition for reinstatement (such as an amendment to change the entity’s name) must be submitted together with the appropriate filing.
Submit the completed form in duplicate along with the filing fee. The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card information must accompany the transmission (Form 807). On filing the document, the secretary of state will return the appropriate evidence of filing to the submitter together with a file- stamped copy of the document, if a duplicate copy was provided as instructed.
Revised 05/11
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Form 801 (Revised 05/11)
Submit in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697
512463-5555 FAX: 512 463-5709
Filing Fee: See instructions
This space reserved for office use.
Application for Reinstatement
And Request to Set Aside
Tax Forfeiture
1. The entity name is:
The entity is a foreign entity that was required to obtain its registration under a name that differs from the legal name stated above. The name under which the entity is registered is:
2.The file number issued to the entity by the secretary of state is:
3.The entity was forfeited or revoked under the provisions of the Tax Code on:
mm/dd/yyyy
4.The undersigned requests that the forfeiture or revocation of the entity be set aside, and certifies that:
a. The entity has filed each delinquent report that is required by chapter 171 of the Tax Code and has made payment for the tax, penalty, and interest imposed and that is due at the time of this application as evidenced by the attached tax clearance letter; and
b. On the date of forfeiture or revocation, the undersigned person was:
ｸ an officer, director or shareholder of the above-named for-profit or professional corporation; or ｸ an officer, director, shareholder or member of the above-named professional association; or
ｸ an officer, director, or member of the above-named nonprofit corporation; or ｸ a member or manager of the above-named limited liability company; or
ｸ a partner of the above-named limited partnership; or
ｸ a trustee or beneficial owner of the above-named statutory or business trust.
Additional Required Documentation or Filings
Comptroller of Public Accounts Tax Clearance Letter
Letter of Consent or Amendment to Certificate of Formation or Registration (Required when entity name
is no longer available.)
Execution
The undersigned declares under penalty of perjury, and the penalties imposed by law for the submission of a materially false or fraudulent instrument, that the undersigned is authorized to make this request; that the statements contained herein are true and correct, and that tax clearance was not obtained by providing false or fraudulent information.
Date:
BY:
Signature of authorized person (see instructions)
Printed or typed name of authorized person
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Filling out the 801 Texas form requires careful attention to detail. This form is essential for reinstating a business entity that has been forfeited or revoked. Completing it accurately is crucial to ensure the reinstatement process proceeds smoothly.
After completing these steps, the form can be submitted by mail, fax, or in person. Ensure that all required documentation accompanies the application to avoid delays in processing.
Form 801, also known as the Application for Reinstatement and Request to Set Aside Tax Forfeiture, is designed to help entities that have been forfeited or revoked by the Secretary of State due to tax issues. This form allows these entities to request reinstatement and rectify their status by addressing any outstanding tax obligations.
Eligibility to submit Form 801 varies depending on the type of entity. The following individuals may apply for reinstatement:
Before submitting Form 801, an entity must complete two essential steps:
The application must include several key pieces of information:
If the entity's name is no longer available, the application for reinstatement must be accompanied by either a letter of consent from the entity that has a similar name or an amendment to the entity's formation document. This ensures that the reinstatement process can proceed without naming conflicts.
The filing fee for Form 801 is $75, except for nonprofit corporations, which are exempt from this fee. Payments can be made using various methods, including personal checks, money orders, and major credit cards, though credit card payments incur a convenience fee of 2.7%.
A request to set aside forfeiture can be submitted at any time after the forfeiture, as long as the entity would otherwise continue to exist. This flexibility allows entities to address their tax issues and regain their status without a strict deadline.
Incorrect Entity Name: Failing to provide the legal name of the entity as stated in its certificate of formation can lead to processing delays. If the entity is a foreign filing entity, the assumed name must also be included.
File Number Omission: Not including the Secretary of State file number can complicate the reinstatement process. This number helps ensure that the correct entity is reinstated.
Missing Date of Forfeiture: Leaving out the date of forfeiture or revocation can create confusion. This date is essential for processing the application accurately.
Failure to Certify Statements: Not reading or certifying the statements in item 4 of the application can lead to serious legal repercussions. A signature indicates agreement with all statements made.
Lack of Tax Clearance Letter: Submitting the application without a tax clearance letter from the Texas Comptroller can result in rejection. This letter confirms that all franchise tax liabilities have been satisfied.
Unauthorized Signature: The application must be signed by an authorized person. If someone not permitted to apply signs the form, it will not be valid.
Incorrect Payment Method: Using an improper payment method can delay the application. Ensure that the correct filing fee is paid using an accepted method.
Neglecting to Submit in Duplicate: Failing to provide a duplicate of the completed form can hinder processing. The Secretary of State requires two copies for their records.
The Texas Form 801 is essential for entities seeking reinstatement after a tax forfeiture. Along with this form, several other documents may be required or helpful in the reinstatement process. Below is a list of commonly used forms and documents that accompany the Form 801.
Understanding these forms and documents is crucial for a smooth reinstatement process. Each plays a specific role in ensuring compliance with Texas regulations. Proper preparation and submission can help avoid delays and complications.
The Form 811—Application for Voluntary Termination serves a different purpose than Form 801, but it shares similarities in its procedural requirements. Both forms require the entity to provide specific information about its legal name and secretary of state file number. However, while Form 801 is used for reinstatement after a forfeiture due to tax issues, Form 811 is utilized when an entity chooses to voluntarily dissolve. Both forms necessitate accurate completion and submission to the Texas Secretary of State, highlighting the importance of compliance in maintaining legal status.
Form 814—Application for Reinstatement of a Nonprofit Corporation is another document akin to Form 801. Like Form 801, Form 814 allows a nonprofit corporation to seek reinstatement after being forfeited or revoked. The key difference lies in the specific regulations governing nonprofit entities, which may include different filing fees and requirements for tax clearance. Both forms emphasize the need for authorized individuals to submit the application, ensuring that the entity is represented by someone with the proper authority.
Form 401—Certificate of Formation is similar to Form 801 in that it requires detailed information about the entity, including its name and purpose. However, Form 401 is primarily used for the initial formation of a business entity rather than for reinstatement. Both forms require the submission of supporting documents, such as a tax clearance letter in the case of Form 801. This connection illustrates the ongoing relationship between compliance and entity status throughout the lifecycle of a business.
Lastly, the Form 807—Credit Card Payment Authorization Form is related to Form 801 through the payment process. Both forms require a filing fee, and Form 807 facilitates the payment of that fee via credit card. While Form 801 focuses on reinstatement, Form 807 serves as a supporting document to ensure that the payment method is secure and properly processed. This connection underscores the administrative aspects of maintaining compliance with state regulations.
When filling out the 801 Texas form, there are important guidelines to follow. Here are ten things to keep in mind:
Following these guidelines can help ensure a smoother process when seeking reinstatement of your entity. Always take the time to review your application carefully before submission.
This form is specifically designed for reinstating entities that have been forfeited or revoked due to tax issues. It is not applicable for entities that were voluntarily terminated or revoked for reasons other than tax forfeiture.
Submitting the form does not guarantee reinstatement. The entity must have filed all delinquent reports and paid any outstanding taxes, penalties, and interest before the reinstatement can be processed.
A tax clearance letter from the Texas Comptroller is mandatory. This document confirms that all franchise tax liabilities have been satisfied before reinstatement can occur.
The form can only be submitted if the entity would have continued to exist after forfeiture. If the entity's existence has been legally terminated, reinstatement is not possible.
While the application does not require notarization, the signer certifies the accuracy of the statements provided. Misrepresentation can lead to severe penalties.
Authorized individuals, such as shareholders, directors, or officers at the time of forfeiture, can submit the application on behalf of the entity.
The fee for reinstating a for-profit entity is $75, while there is no fee for reinstating a nonprofit corporation following a tax forfeiture.
This form does not allow for updates to registered agent or office information. Separate filings are required for those updates.
If the original name is no longer available, the application must include a letter of consent or an amendment to the entity's formation document.
The form and its instructions do not replace the need for professional legal or tax advice. Entities should consult with experts to ensure compliance with all legal requirements.
When filling out and using the 801 Texas form, there are several important considerations to keep in mind. Here are key takeaways to guide you through the process:
Understanding these key points can significantly streamline the process of reinstating your entity in Texas. Always ensure that you have the correct documentation and follow the instructions carefully to avoid unnecessary delays.